Formation and Variation of Contracts
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Author: Professor John Cartwright
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Format: Book
Status: Live on Westlaw UK

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This book provides an account of the law relating to the various issues involved in forming and varying contracts, as understood in Contract law. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel.

  • Drawing together in single volume key rules relating to the formation and variation of contracts, focusing on the rules for their existence and validity
  • Covers topics which are of fundamental importance to practitioners but on which there is no up-to-date specialist work
  • Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years
  • Provides a perspective on the rules for the formation of contracts from an international and comparative dimension
  • Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from  developments being made in other legal systems
  • Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice
  • All of Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance
  • All of Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds
  • All of Part III is devoted to the requirement of consideration (which gives contract its character as a ‘bargain’ in the common law ), both in the formation of a contract, and in the variation of an existing contract
  • All of Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)